Shall Article VI, Section 3 of the Constitution of Tennessee be amended by deleting the first and second sentences and by substituting instead the following:
Judges of the Supreme Court or any intermediate appellate court shall be appointed for a full term or to fill a vacancy by and at the discretion of the governor; shall be confirmed by the Legislature; and thereafter, shall be elected in a retention election by the qualified voters of the state. Confirmation by default occurs if the Legislature fails to reject an appointee within sixty calendar days of either the date of appointment, if made during the annual legislative session, or the convening date of the next annual legislative session, if made out of session. The Legislature is authorized to prescribe such provisions as may be necessary to carry out Sections two and three of this article.
The Tennessee Constitution states, “The judges of the Supreme Court shall be elected by the qualified voters of the state.” Since 1971, however, the state has had a merit-selection process for judiciaries. Since 1994, the Judicial Selection Committee has selected nominees for appellate courts. The governor then selects judges from those nominees, and constituents vote whether or not to retain them. This arrangement has been known as the “Tennessee Plan.” Amendment 2 would dismantle the Judicial Selection Committee. The proposed arrangement is known as the “Modified Federal Plan.”
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My take on it: If you want politicians to decide yes If you want to decide no